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Nuisance Abatement Manual - 2005 - Texas Attorney General

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(2) imposing other reasonable requirements to prevent the combination or gang from<br />

engaging in future gang activities.<br />

(b) If the court finds that a place is habitually used in a manner that constitutes a public<br />

nuisance, the court may include in its order reasonable requirements to prevent the use of<br />

the place for gang activity.<br />

125.066. Violation of Court Order<br />

A person who violates a temporary or permanent injunctive order under this subchapter is subject to<br />

the following sentences for civil contempt:<br />

(1) a fine of not less than $1,000 nor more than $10,000;<br />

(2) confinement in jail for a term of not less than 10 nor more than 30 days; or<br />

(3) both fine and confinement.<br />

125.067. Continuation of Activities Pending Trial or Appeal; Appeal<br />

(a) A person may not continue the enjoined activity pending trial or appeal on the merits of<br />

an injunctive order in a suit brought under this subchapter.<br />

(b) Not later than the 90th day after the date of the injunctive order, an appropriate court of<br />

appeals shall hear and decide an appeal taken by a person enjoined under this subchapter.<br />

(c) If an appeal is not taken by a person temporarily enjoined under this subchapter, the<br />

person is entitled to a trial on the merits not later than the 90th day after the date of the<br />

temporary injunctive order.<br />

125.0675. Injunction for Specified Period<br />

In addition to any other order that may be issued under this subchapter or other law, a court of<br />

appeals or a trial court acting under Section 125.067(b) or (c) may issue an injunctive order under<br />

this subchapter stating that the injunction remains in effect during the course of the trial or until lifted<br />

by the court.<br />

125.068. <strong>Attorney</strong>’s Fees<br />

In an action brought under this subchapter, the court may award a prevailing party reasonable attorney's<br />

fees and costs.<br />

<strong>Nuisance</strong> <strong>Abatement</strong> <strong>Manual</strong><br />

2002 Twelfth Edition<br />

35<br />

Office of the <strong>Attorney</strong> <strong>General</strong><br />

Civil Enforcement Section

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